Phillip Goldsmith

The appellants appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment, as well as the refusal of a Heritage Permit Application, to permit an 85-storey mixed-use building at Yonge and Gerrard Streets.

The Tribunal dismissed the appeals, finding that the subject site is too small to accommodate the proposed tall building.

The Tribunal concluded that the proposed tower setbacks and separation distances would result in unacceptable impacts on privacy, sky view, and daylighting for adjacent properties, including the existing Chelsea Hotel.

Furthermore, the proposed loading and servicing configuration, which relied on a turntable and a new driveway access, presented unresolved operational challenges and would negatively impact the public realm.